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INVITATION FOR BIDS On behalf of Chicago State University we invite
your firm to submit a bid for:
IFB #1349PP
CSU NEW BASEBALL PARK
MANDATORY PRE-BID CONFERENCE DATE: Tuesday, September 11, 2012
10:00 A.M. The meeting will take place in the Physical Plant
Building Room 107
Sealed bids will be received at:
Chicago State University Purchasing Office – Cook Adm Bldg- Rm
208
9501 S. King Drive Chicago, Illinois 60628-1598
Until 11:00 AM CST, on or before Thursday, September 20, 2012
The Bid Opening will be on Thursday, September 20, 2012 @ 11:30 AM
CST in the
Physical Plant Building Room 107
Bidder’s bid will be rejected if the followings forms: Disclosures
of Financial Interests and Potential Conflicts of Interests Form
and the State Board of Elections
Certification Form are not completed and returned with Bidder’s
Bid. Please note that no bid will be accepted or reviewed without
submission of a completed prequalification form. Technical
Questions regarding bid documents should be emailed by Friday,
September 14, 2012 to:
Janielle Graham
[email protected] Questions regarding bid procedures
should be directed to:
Janielle Graham Director of Purchases Phone: 773-995-2424 Fax:
773-995-4492
[email protected]
IFB#1349PP Chicago State University New Baseball Park
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On behalf of Chicago State University we invite your firm to submit
a bid for: Title: CSU New Baseball Park
Project Description:
The project includes, but is not limited to: mobilization, site
preparation, earthwork, concrete pavement, storm sewer, chain link
fence, synthetic turf, masonry dugouts, bleachers, game operations
booth, scoreboard, landscape restoration and lighting. Project will
be constructed under a single, general contract. Sealed bids for
this project will be received in the Purchasing Office, Chicago
State University, 9501 South King Drive, Cook Administration
Building Room 208, Chicago, Illinois 60628 until 11:00 AM CDT on
Thursday, September 20, 2012. The public opening and reading of
bids is for informational purposes only and is not to be construed
as acceptance or rejection of any of the bid submitted. Bid awards
will be posted on the Higher Education Procurement Bulletin at
www.procure.stateuniv.state.il.us.
The Information for Bidders includes the following sections:
I. Instructions to Bidders II. General Conditions III. Special
Conditions IV. Chicago State University Bid Form – Bidder’s must
complete and submit the Chicago State
University Lump Sum Bid Form along with the Trade Bid Breakdown Bid
Form included in the Bid Documents. Any references and requirements
regarding the “Bid Form” contained in this Information for Bidders
document or otherwise found in the Bid Documents applies to both
this Chicago State University Bid Form and the Trade Bid Breakdown
Bid Form included in the Bid Documents.
V. No Reply Bid Form. VI. Disclosures of Financial Interests and
Potential Conflicts of Interests Form – Bidders will
be rejected if this form is not completed and returned with the
Bidder’s Bid. VII. Chicago State University Sample Contract VIII.
State Board of Elections Certification – Bidders will be rejected
if this certification is not
completed and returned with the Bidder’s Bid. The information
contained in this Information for Bidders may also be contained in
other sections of the Bid Documents. The intent of the Bid
Documents is to provide all items necessary for the submission of a
complete bid and for the proper execution and completion of the
work by the Contractor. The Bid Documents are analogous. In the
event of any conflicting requirements, the more stringent will
apply as determined in the sole opinion of Chicago State
University. I. INSTRUCTIONS FOR BIDDERS
The Chicago State University will receive sealed bids on Thursday,
September 20, 2012 for CSU New Baseball Park. This IFB and any
subsequent contract shall be governed by the laws and rules of the
State of Illinois which are incorporated by reference, Illinois
Procurement Code 30 ILCS 500/ and is in accordance with the
Procurement Rules of the Chief Procurement Officer of Public
Institutions of Higher Education.
1. Bid Documents & Prequalification
a. Invitation for Bid - The following documents will be supplied
and are to be considered the "Bid Documents."
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1. Trade Breakdown Bid Form 2. Scope of Work 3. Prequalification
Form 4. Contractor Manual
a. Information for Bidders b. CSU Lump Sum Bid Form c. General
Conditions d. Special Conditions e. No Bid Reply Form f.
Disclosures of Financial Interests and Potential Conflicts of
Interests Form g. Prequalification with Department of Human Rights
h. Substitution of Materials Form i. FBE/MBE/DBE Disclosure
Form
5. Project Drawings 6. Project Specifications 7. All addenda and
written and graphic instruments issued by the Architect prior to
receipt of
bids which modify or interpret the bid documents by additions,
deletions, clarifications or corrections.
8. All definitions set forth in the General and Supplementary
Conditions or in other Contract Documents are applicable to the Bid
Documents.
9. Disclosures of Financial Interests and Potential Conflicts of
Interests Form
Bid Document Sources: Bid documents are available by contacting
Best Imaging Solutions 20 East Randolph, Chicago, IL 60601 and
telephone (312) 357-9050. The cost of Drawings and Contractor
Manuals purchased from Best Imaging Solutions is non-
refundable.
b. Pre Qualification 1. Trade Contractors are requested to submit
their prequalification form with their bid.
Please note that no bid will be accepted or reviewed without
submission of a completed prequalification form.
2. Prequalification forms can be obtained by contacting Best
Imaging Solutions 20 East Randolph, Chicago, Il 60601 and telephone
(312) 357-9050. Prequalification forms will be accepted at Chicago
State University, with the Bid Package, 9501 S. King Drive, Cook
Administration - Room 208, Chicago, IL 60628-1598.
2. Delivery of Bids
a. All Bids must be submitted on the Bid Forms included in the Bid
Documents and must be COMPLETED IN FULL – INCOMPLETE BIDS WILL BE
DISQUALIFIED. Bids must be returned in an envelope properly
identified to:
Chicago State University Attn: Janielle Graham, Director of
Purchases Cook Administration Building, Room 208 9501 South King
Drive Chicago, IL 60628-1598 Title: IFB#1349PP- Chicago State
University New Baseball Park
b. Any bids received after the above time and date stated will be
discarded. c. Bidders shall be responsible for the actual delivery
of bids during business hours (8:30 a.m. -
5:00 p.m. Monday - Friday) to the above address. Bids may either be
delivered by hand or sent through U.S. Mail or other courier
services available to the address shown above. In either event,
Bidders remain responsible for insuring that bids are actually
received at the time, date, place, and office required. The
University assumes no responsibility for any bid not so
received,
IFB#1349PP Chicago State University New Baseball Park
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regardless of whether the delay is caused by the U.S. Postal
Service, the University Mail Delivery System, or some other act or
circumstance. No bids received after the time specified in the bid
information will be considered. All bids received after the
specified time will be discarded.
d. If you intend to use an express delivery service, it is
recommended that you stress the need to deliver your package to the
building and office designated and not to the University Mail
Service or Central Receiving facilities. Packages delivered by
express services to other locations might not be re-delivered in
time to be considered.
3. Submission of Bids
a. Submit one (1) original completed and signed bid and four (4)
additional copies. When submitting your sealed formal bid, please
return in an envelope substantially similar to this sample. Mark
with the title of the bid, bid number, date, and time of bid
opening. Deliver to the Purchasing Office on or before the time
scheduled.
b. All correspondence shall be addressed to the attention of the
Janielle Graham at CSU and titled IFB#1349PP, Chicago State
University New Baseball Park.
4. Signing of Bids
a. Bids shall be submitted with all appropriate blank spaces
completed. Incomplete bids will be automatically
disqualified.
b. Numbers shall be stated both in writing and in figures. In case
of any discrepancy in the lump sum amount, the amount as expressed
in written words shall govern. The signatures shall be without
interlineation, alteration, or erasure, unless initialed by the
Bidder. Bids shall not contain any recapitulation of the work to be
done.
c. All bids must be signed and the signature must be in ink. Bids
completed in pencil will be rejected.
d. Bids, which are signed for partnerships, shall be signed in firm
name by at least one partner or in firm name by attorney-in-fact.
If signed by attorney-in-fact, there should be attached to the bid,
a power of attorney evidencing authority to sign the bid, dated
same day as bid, and executed by all partners.
e. Bids, which are signed for corporation, shall have corporate
name thereon, and signature of authorized officer of corporation
manually written below corporate name. Title of office held by the
person signing for corporation shall appear below signature.
f. Bids, which are signed for individuals doing business under firm
names, shall be signed in the name of the individual doing business
under the firm name.
5. Bidder's Application Form
The Bidder’s Application Form may be completed, signed and returned
with bid. The following link is
where you can download the Bidder’s Application Form.
http://www.procure.stateuniv.state.il.us/
6. No Bid Reply Form If No Bid is submitted, please complete the
enclosed No Bid Reply Form and return prior to the Bid
Due Date. 7. Prequalification with Department of Human Rights All
Bidders must be prequalified with the State of Illinois Department
of Human Rights (IDHR) Public
Contract Division. All IDHR numbers 89999-00-0 or lower expired on
August 31, 1999. 8-digit identification number is requested on the
Bid Form. Bidders, who are not prequalified, must complete Employer
Report Form PC-1 and file with IDHR prior to the Bid Due Date.
Download the
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Vendor form at the website
http://www.state.il.us/cms/purchase/download/default.htm or contact
IDHR at (312) 814-2431 to receive forms.
8. Firm Bid All bids will be considered to be firm for a period of
ninety (90) days from the date established for the
receipt of the bids. 9. Rejection of Bids The Board of Trustees of
Chicago State University reserves the right to reject any part or
all bids and
to waive any informality in bids received whenever such rejection
or waiver is in the interest of the Board.
10. Liaison Chicago State University will designate one of its
employees as Liaison with the successful bidder.
Communications and coordination between the Contractor and Chicago
State University on operations and related challenges will be
through the Liaison.
11. Taxes and Fees All Bidders shall include in their bid prices
and shall assume and pay all taxes, fees, and permits
applicable under the performance of this contract. The University
is a State institution and is therefore not liable for Illinois
Retailers Occupational Tax, the Service Occupation Tax (both state
and local), the Use Tax and the Service Use Tax. A copy of CSU’s
tax exempt form is included in this Contractor Manual.
12. Examination of Documents and Pre-Bid Meeting Conference / Site
Visit
a. Each Bidder making a bid represents that: a. They have read and
understand the bid documents and their bid is made in
accordance
therewith; b. They have visited the site and have familiarized
themselves with the local conditions
under which the work is to be performed; c. Their Bid is based upon
the materials, systems, and equipment described in the Bid
Documents without exception. b. There is a mandatory Pre-Bid
meeting which will be held at Chicago State University
(CSU) – Room O & M 107, 9501 S. King Drive, Chicago, IL on
Tuesday, September 11, 2012 at 10:00 AM.
c. All prospective bidders are required to attend. All
representatives must be in the room no
later than 10:15 AM and must stay for the entire meeting and site
visit. If the contractor is late or leaves before the completion,
the contractor will not be considered attending the pre-bid
conference.
13. Requests for Information or Clarification
a. All questions about the Bid Documents shall be directed in
writing by close of business September 14, 2012 to Janielle Graham
CSU. All questions must be emailed to
[email protected],
titled/subject IFB#1349PP, Chicago State University New Baseball
Park.
b. Questions and answers will be addressed in the form of an
addendum and will be sent to all registered Illinois Public Higher
Education Cooperative vendors in attendance at the mandatory
pre-bid meeting. If contact of any kind occurs with any other
representative, this will be grounds for disqualification.
c. Bidder shall not rely on any oral interpretation, clarification,
or correction made by the Architect, Owner or authorized
representative.
d. Acknowledgement of Addenda – Receipt of an addendum to the
bidding documents by a Bidder must be acknowledged on Bid
Form.
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14. Substitution of Materials a. The materials, systems and
equipment described in the Bidding Documents establish a
standard of required function, dimension, appearance and quality to
be met by any proposed substitution.
b. No substitution will be considered unless written request for
consideration has been submitted by the Bidder and has been
received by the Architect at least five working days prior to the
date for receipt of bids. Each request shall include the name of
the material or equipment for which it is to be substituted and a
complete description of the proposed substitute including drawings,
cuts, performance and test data and any other information necessary
for an evaluation. A statement setting forth any changes in other
materials, equipment, or work that incorporation of the
substitution would required shall be included. The burden of proof
of the merit of the proposed substitute is upon the Bidder. The
Owner and Architect’s decision of approval or disapproval of a
proposed substitution shall be final.
c. Requests for Substitution should be submitted using the form
included in this Contractor Manual.
d. If the Owner approves any proposed substitution, such approval
will be set forth in an Addendum. Bidders shall not rely upon
approvals made in any other manner.
15. Modification or Withdrawal of Bids
a. Any Bidder may withdraw or modify his bid at any time prior to
the scheduled closing time for receipt of bids. Only facsimile,
letters or other written requests for modifications or corrections
of a previously submitted bid, which are addressed in the same
manner as bid, and are received in the University Purchasing Office
prior to the scheduled closing time for receipt of bids, will be
accepted.
b. The bid will be corrected in accordance with such written
request; provided that such written request is to be contained in a
sealed envelope which is plainly marked "Modification of Bid on (as
above)." Oral or telephonic modifications or corrections will not
be recognized or considered. Requests for modifications or
corrections of bids cannot be submitted after the scheduled closing
time for receipt of bids.
c. Withdrawn bids may be resubmitted up to the time designated for
the receipt of bids provided that they are then fully in
conformance with these instructions to Bidders.
16. Errors and Omissions
All bids shall be submitted properly completed. The special
attention of bidders is directed to the policy that no claim for
relief because of errors and/or omissions in the bidding will be
considered; and bidders shall immediately notify the University, in
writing, and the University shall issue written instructions to be
followed. The Bidder is responsible for the contents of its
proposal and for satisfying the requirements set forth in the
IFB.
17. Acknowledgment of Addenda Receipt of an addendum to the bidding
documents by a Bidder must be acknowledged on Bid Form. 18.
Investigation of Bidders The University will make such
investigations as deemed necessary to determine the ability of
the
Bidder to do the work, and the Bidder shall furnish all such
information and data for this purpose as requested by the
University. The Board reserves the right to reject any bid if the
evidence submitted by or investigation of Bidder, fails to satisfy
the Board that such Bidder is properly qualified to carry out the
obligations of the contract and complete the work contemplated
herein.
19. Cost for Bid Preparation The University is not liable for any
cost incurred by a bidder in preparing or submitting a bid, or
in
preparing the contract or for any finder’s fee, regardless of
whether the University accepts a bid.
20. Opening of Bids
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All Proposals will be publicly opened, read and tabulated at
Chicago State University at the address noted above. Noted errors,
omissions and defects will be announced. Bids received after
closing time will be discarded. The public opening and reading is
for information only and is not construed as acceptance or
rejection of any bid.
21. Commencement of Work – Terms and Renewals a. The successful
vendor must not commence any billable work prior to the
University’s
execution of the contract via a Purchase Order number. Work
performed before final execution of the awarded contract and
receipt of Purchase Order Number is done at vendor’s risk of
nonpayment for such work.
b. The length of the CONTRACT, including any renewals, may not
exceed that allowed by law, including 30 ILCS 500/20-60. When the
term begins on execution that means the date of final execution by
Chicago State University.
c. If the commencement of performance is delayed because the
CONTRACT is not executed by CSU on the start date, CSU may change
the start date, end date and milestones to reflect the delayed
execution. No renewal may be effective automatically. No renewal
may be effective solely at the Vendor’s option.
22. Award of Contract
a. The contract will be awarded to the lowest responsible and
responsive bidder whose bid also meets the requirements and
criteria set forth in the Invitation for Bid. CSU reserves the
right to reject any or all bids, the right to waiver minor
informalities in any bid, and the right to make award in the best
interest of the Project.
b. Award will be determined upon combined total cost of the Base
Bid Sum and such additive or deductive alternatives as the Owner
elects to accept. This will be the Contract Sum.
23. Small and Community Based Firms The Board of Trustees
encourages and directs Chicago State University, its Contractors
and
Subcontractors to make every appropriate effort within the frame
work of applicable state and federal laws and regulations to enable
small and community based businesses to compete effectively with
other vendors bidding for work, services, or materials to be
furnished to the Board or the institution under its
jurisdiction.
24. Board of Trustees at Chicago State University’s Goals for
Contracting with Minorities,
Females and Persons with Disabilities
a. In support of the Business Enterprise for Minority, Female and
Persons with Disabilities Act (MAFBE; 30 ILCS 575 et seq., as
amended) the Board of Trustees at Chicago State University has
established the following goals:
1. Goals:
i. 32% of its contracts to be awarded to Minority Business
Enterprise. 18% - male owned minority vendors, 9% - female/
Caucasian owned, 3% - female owned and 2% - disabled business
enterprises.
b. The University encourages minority, female and disabled business
enterprises to compete for and participate in University contracts.
The goals can be met by means of contracts let directly to
minority, female and disabled business firms by the University, or
indirectly by the Bidder’s ordering goods or services from
minority, female and disabled firms when suppliers or
Subcontractors are needed to fulfill the contract. Information
about the Bidder’s MAFBE status must be included in the Bidder’s
Application Form as a part of the submission. The Bidder, if
awarded a contract, agrees to notify Chicago State University of
changes to its status as a minority, female or disabled business
enterprise immediately of the occurrence of such a change. The
Bidder agrees to identify minority, female and disabled business
firms providing the Bidder with goods or services in the
fulfillment of the contract requirements, and
IFB#1349PP Chicago State University New Baseball Park
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further agrees to report, upon request by the University or
Construction Manager, the dollar value of purchases made with these
firms. Upon request, the University will provide a list of
certified minority, female and disabled business firms that may be
contacted to fulfill the requirements of this contract.
IFB#1349PP Chicago State University New Baseball Park
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25. Insurance Requirements
Contractor shall purchase and maintain Commercial General Liability
Insurance on the "Occurrence" form, Business Auto Insurance, and
Umbrella Liability Insurance in addition to Workers Compensation
Insurance from insurance companies acceptable to Chicago State
University (CSU), and shall furnish to CSU, or a designated
representative of CSU, prior to the beginning of any work or the
supplying of materials, a Certificate of Insurance giving evidence
of all such insurance. All certificates of insurance must be
accompanied by ISO forms CG 20 09 11 85 and CG 24 04 11 85. The
Certificate of Insurance shall be for amounts of insurance
indicated by this Insurance Requirements form, shall contain a 60
day cancellation notice or notice of material change clause, shall
have the words "endeavor to" and "but failure to mail such notice
shall impose no obligation or liability of any kind upon the
company, its agents or representatives", stricken from the
cancellation clause. Compliance with all other requirements of this
Insurance Requirements form is mandatory. Cost, if any, for the
foregoing must be included as part of your contract.
a. On the property side, the University will provide the Builder’s
Risk coverage. However,
language should stipulate that the contractor is responsible for a
$25,000 per occurrence deductible.
b. On the liability side, coverage shall be as follows: Commercial
General Liability $5,000,000.00 Limits of Liability $1,000,000.00
Each Occurrence
$1,000,000.00 General Aggregate $1,000,000.00 Products/Completed
Operations Aggregate $1,000,000.00 Personal & Advertising
Injury $ 100,000.00 Fire Legal Liability (any one fire) $ 10,000.00
Medical Expense (any one person)
Auto Liability $1,000,000.00 Each Accident Umbrella Liability
$3,000,000.00 Each Occurrence Workers Compensation $1,000,000.00
Each Occurrence Employers Liability $1,000,000.00 Each
Accident
$1,000,000.00 Disease Policy Limit $1,000,000.00 Disease Each
Employee
c. Chicago State University, the Chicago State University Board of
Trustees, the Architect and the Architect’s Consultants shall be
named as additional insureds. A certificate of insurance will be
required before award of contract. The certificate of insurance
must include an endorsed policy page.
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25. Bond Information a. The Bidder represents and certifies that a
surety company has agreed to issue Bonds
required by the Bid Documents for this work if this bid is accepted
by CSU. Refer to Section 7, Insurance and Bond of this Contractor
Manual for information regarding Bond Requirements.
b. The Surety Bond language is as follows:
As Principal, and ________ a corporation of the State of ________
as Surety, are held and firm bound unto the State of Illinois,
acting by and through the Chicago State University, as Obligee, in
the amount of ten percent (10%) of the amount of the base bid for
the payment of which Principal and Surety bind themselves, heirs,
executors, administrators, successors and assigns, jointly and
severally, to this agreement.
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II. GENERAL CONDITIONS
1. Contractors Status The contractor is an independent contractor
and in providing services hereunder shall not be deemed to be the
agent of the University. All persons performing work hereunder for
the contractor shall be employees or subcontractors of the
contractor, not of the University. All work performed by such
persons shall be under the control and supervision of the
contractor not the University. The contractor shall be fully
responsible to the University for the acts and omissions of his
sub-contractors, and of the persons either directly or indirectly
employed by them, as he is for the acts and omissions of his
subcontractors, and of the persons either directly or indirectly
employed by the contractor.
2. Compliance with Laws, Regulations and Labor and Employment
Provisions Contractors signature shall be construed as acceptance
of and willingness of Contractor to comply with all laws, statutes,
regulations, ordinances, rulings, or enactments of any governmental
authority that are applicable to the work or which in any way
pertain to the project including, without limiting the foregoing
thereto, the following State of Illinois statutes: a. (preference
to Illinois residents) b. (veteran’ preference) c.
(non-discrimination) d. (Human Rights Act) e. (health and safety)
f. “An ACT regulating wages of laborers, mechanics and other
workmen employees in any
public works by the State, county, city or any public body or any
political subdivision or by anyone under contract for public work,”
approved June 26, 1941, Laws of Illinois 1941, Vol. 1. Page 730, as
amended (III. Rev. Stat. 1987, Chap. 48, Sections 39s-1 through
39s-12, both inclusive). This ACT requires that wages not less than
the general prevailing rate of hourly wages for work of a similar
character in the locality in which the work is performed, and not
less than the general prevailing rate of hourly wages for legal
holiday and overtime work in that locality shall be paid to all
laborers, workmen and mechanics employed on the work and that
contractors include in all contractors’ bonds such provisions as
will guarantee the faithful performance of such prevailing rate
requirements. The prevailing rate of wages specified by the
Department of Labor at the time of issuance of these general
conditions is set forth in Exhibit A, attached hereto and
incorporated by reference herein. If the Department of Labor
revises the prevailing rate of wages, the revised rate shall apply
to all contracts issued pursuant to these general conditions. It is
further required by the ACT and by these General Conditions that
the Contractor and each of his subcontractors shall keep an
accurate record showing the names and occupation of all laborers,
workmen and mechanics employed by them in connection with the work.
Showing also the actual hourly wages paid to each of such workers,
which record shall be open at all reasonable hours to the
inspection of the Owner, its officers and agents and to the
Director of the Department of Labor of the State of Illinois and
his deputies and agents. (Ill. Rev. Stat. 1987, Chapter 48, Section
39s-2. Amended by P.A. 83-443 Para. 1, effective January 1, 1984).
“Prevailing rate of wages” means the hourly cash wages, plus fringe
benefits for health and welfare, insurance, Vacations and pensions
paid generally, in the locality in which the work is being
performed, to employees engaged in work of similar character.
The above explanations of these ACTS are much condensed and not
intended to be a complete detailed account of all duties imposed
thereby, and hence by this article of the General Conditions, upon
the Contractor agrees to, and shall comply with all of the
provisions of the above ACTS, whether herein set forth or not, as
well as with the provisions of all other applicable legislation and
regulations promulgated there under, and especially agrees to keep
the records described in (f) and pay the prevailing rate of hourly
wages as required.”
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3. Warranty The Vendor expressly warrants that all goods and
services covered by their bid will conform to each and every
specification, drawing, sample and/or other description, which is
furnished, and that it will be fit and sufficient for the purpose
intended and free from defects.
4. Patent Infringement Vendor agrees to indemnify University and
hold it harmless from and against all liability, loss, damage and
expense, including reasonable counsel fees, resulting from any
actual or claimed trademark, patent, or copyright infringement, or
any litigation based thereon, with respect to any part of goods
and/or payment therefore by the University.
5. Sellers Responsibility in Transit Title to and risk of loss and
damage to all items shall remain in effect and be the
responsibility of the Vendor until final delivery, installation and
acceptance by the University for the Board unless otherwise stated
herein. All shipments to be F.O.B. Delivered unless otherwise
stated herein.
6. University – Right of Acceptance The contractor whose bid is
accepted will be notified at the earliest practical date. The
University however, reserves the right to reject any and all bids
and to waive any informality in bids received whenever such
rejection and/or waiver are considered in the best interest of the
University. a. The University also reserves the right to reject any
bid or contractor who in the best judgment
of the University: i. has previously failed to perform properly, or
ii. has failed to complete contracts of similar nature, or iii. is
not in a position to perform the work required, or iv. Had
habitually and without just cause, neglected the payment of bill or
otherwise
disregarded his obligations to subcontractors, material men and/or
employees.
7. Packaging The University will not be liable for any drayage,
packing, cartage, boxing, crating, storage, or handling charges in
excess of the order.
8. Toxic Substance Clause All Bidders agree to take appropriate
actions to identify any products, substance, etc., included within
this Bid specification which is considered to be a toxic substance
under the Illinois Toxic Substance Act and to provide OSHA Form 20
Material Data sheets (or the equivalent) with respect thereto. All
Bidders further agree to properly label any product, substance,
etc., so identified in accordance with the Illinois Toxic Substance
Act.
9. Brand Names Any brand names mentioned in the bidding documents
are used for the purpose of describing the standard of quality,
performance and characteristics desired and are not intended to
limit or restrict competition. Any substitution to the items as
specified must be an equal. “Or equal” submissions will not be
rejected due to minor differences in design, construction or
features which do not affect the suitability of the product for its
intended use. The burden of proof that the product is equal rests
with the Bidder. Bidder may propose substitutions with their bid by
listing the product substitution(s) in the Bid Form. The University
will recommend approval or rejection prior to award of contract.
Bidders offering substitutions must furnish at the time of the bid
opening complete descriptions and/or sample of the products.
IFB#1349PP Chicago State University New Baseball Park
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III. SPECIAL CONDITIONS
1. Indemnification The Bidder shall indemnify and hold harmless CSU
and its members representatives, officers, agents and employees
from and against any and all claims, demands, suits, loss, damage,
injuries, and liability, including attorneys' fees, costs and
expenses incurred in connection therewith, however caused,
resulting from, arising out of, or in any connected with the
performance of the contract hereunder, or any renewal or extension
thereof, whether or not caused or contributed to by, or on account
of any acts or omissions on the part of the Vendor or any
Subcontractors or any of their respective agents, servants or
employees or any negligence or alleged negligence on the part of
CSU, its members, representatives, officers, agents or
employees.
2. Prevailing Wage Requirement
In accordance with the Illinois Procurement Code (30 ILCS
500/25-60), Bidder certifies that employees involved in printing
(regardless of cost) or for service contracts of $2,000 or more or
$200 or more receives the prevailing wage rate and is working under
conditions prevalent in the locality where printing is taking
place. Services include janitorial cleaning services, window
cleaning services, food services, and security services. Bidders
interested in submitting a bid for such projects must contact the
Illinois Department of Labor for the current prevailing wage rate.
http://www.state.il.us/agency/idol/rates/rates.HTM
3. Construction Start up Contractors who are awarded work must
inform David D. Johnson of Chicago State University at 773-995-2493
prior to coming on site to begin work. CSU will host an informative
kick off meeting prior to the commencement of the work at which
time commencement of work will be determined.
4. Staging/Construction Work Area
a. Staging areas must be properly fenced off prior to contractor
parking or storing materials within staging area.
b. Guidelines for staging areas must be followed. Materials and
tools must be stored and secured. There may be small children on
the campus take caution.
c. Salvaged items shall be moved to a storage area as designated by
CSU.
5. Day(s)/Hour(s) of allowed Construction Operation a. Days
available for construction: Monday through Friday.
Holiday/Saturday/Sunday as needed
however no additional compensation will be made for premium time.
b. Hours of available construction operation are 6 am -midnight.
Abatement 6pm-8am, waste
out after 10pm. c. Please note that the floors will be occupied.
There are day and evening classes as well as
Saturday and summer programs on campus. d. Contractors should
follow sections of the project manual regarding temporary
utilities, use of
existing facilities, security and access roads, parking areas and
parking control.
6. Parking/Security a. The CSU campus is patrolled by State Police
who have the authority to make arrest and
issue tickets. b. All workers must be identified, bearing a tag
with the contractor’s name. c. A specific number of Parking Entry
Decals will be provided to the contractor, the decals must
be signed out. Lost decals will not be replaced. Contractor is
responsible for all decals throughout the job. Final acceptance and
payment will not be given without all your numbered decal’s
returned.
d. Vehicles must have decals visible at all times. Vehicles not
bearing decals are subject to parking fees. Unmarked Vehicles not
bearing parking decals are subject to parking fees
14
which are currently $5.00 per entry or may purchase a CSU parking
permit available via the parking department.
e. Vehicles parked in unauthorized spaces (to include but not
limited to ADA and Reserved) are subject to towing and fines even
with Decals.
f. While there are several other construction access points for
other projects, your access to campus is off of 95
th and St. Lawrence. Large delivery trucks must arrange access
to
campus via King Drive entry. Semi-trucks are not to be driven on
campus due to the tunnel system (a copy of the location of the
tunnel system is available upon request).
7. Other
a. Contractors shall have no contact with faculty or students
(unless expressly related to momentary emergency, related to safety
and welfare).
b. Contractor’s personnel are not permitted to use reserved parking
and gym. c. Contractor shall not take photos. Photos are to be
coordinated with the consultants. d. Contractor shall give 48 hour
notice for all needed shut downs of utilities.
8. Buildings Access a. Do not block road ways, exits and means of
egress, into or out of buildings. b. Do not prop open doors. If
access is needed after 5pm contact campus police at
773.995.2111. c. In the case of emergency call campus police and
David D. Johnson at 773.995.2493.. d. Contractor shall be
responsible to secure the work area as to not allow people to
access the
work site or material storage areas. e. If applicable, one elevator
key will be provided to the contractor the key must be signed
out.
Additional keys will not be given. Contractor is responsible for
the key throughout the job. Final acceptance and payment will not
be given without key’s return.
9. Contact for additional information
a. Questions regarding bid procedures should be directed to
Janielle Graham, Director of Purchases, E-mail:
[email protected],
Subject line: IFB#1349PP, Chicago State University New Baseball
Park.
15
IV. Chicago State University Lump Sum Bid Form
A. Scope of Services to Be Provided Chicago State University,
requests that all trade contractors submit their qualifications and
bid for the New Baseball Field for Chicago State University. For
detail scopes of work refer to Contractor Manual, Project Manual
and Drawings.
The following trade packages will be issued for bid (circle trade
for which Contractors bid is being submitted):
General
16
B. Lump Sum Bid Form
The undersigned, being familiar with the Bidding documents,
including the laws and rules of the State of Illinois which are
incorporated by reference, Illinois Procurement Code 30 ILCS 500/
and is in accordance with the Procurement Rules of the Chief
Procurement Officer of Public Institutions of Higher Education,
hereby agrees to provide the items required under the
specifications in strict accordance with all Bidding documents at
the prices listed below:
BASE BID PRICE:
As required by this document the following must be attached:
Business Enterprise for Minorities, Females, and Persons with
Disabilities Participation
References (Three)
Disclosures of Financial Interests and Potential Conflicts of
Interest (Prime and Sub-contractors)
State Board of Election Certificate
Prequalification Form
Bidder’s Application Form
Surety Bond Note: A certificate of insurance will be required
before award of contract. The certificate of insurance must include
an endorsed policy page. The following ADDENDA are hereby
acknowledged as received and incorporated herein:
ADDENDUM NO. DATE RECEIVED
17
The following certifications by the Contractor are required by
Illinois statutes:
A. Conflict of Interest: Contractor certifies that no State of
Illinois employee is entitled to more than seven
& one half percent (7½%), or together with a spouse or minor
child more than fifteen percent (15%), of the total distributable
income of Contractor (30 ILCS 500/50-13).
B. Bribery: Contractor certifies that Contractor has not committed
bribery or attempted bribery of an officer or employee of the State
of Illinois. (30 ILCS 500/50-5).
C. State Board of Elections Registration (P.A. 95-971)). By
acceptance of this award, the Contractor certifies that either (1)
it is not required to register as a business entity with the State
Board of Elections pursuant to Section 20-160 of the Procurement
Code (30 ILCS 500/20-160); or (2) (a) it has registered as a
business entity with the State Board of Elections, (b) it has
submitted a copy of the Certificate of Registration to the Chief
Procurement Officer for Higher Education as specified at the
Illinois Public Higher Education Procurement Bulletin website
(http://www.procure.stateuniv.state.il.us), and (c) it acknowledges
a continuing duty to update the registration. Any contracts entered
into with Contractor by the Owner are voidable under the
Procurement Code if Contractor fails to comply with the
requirements of Section 20-160.
D. Sarbanes-Oxley: Contractor certifies that neither their business
nor any officer, director, partner, or other managerial agent of
the business has been convicted of a felony under the
Sarbanes-Oxley Act of 2002 or a Class 3 or Class 2 felony under the
Illinois Securities Law of 1953 for a period of five years prior to
the date of the bid or contract. Contractor acknowledges that the
Owner shall declare the contract void if the certification
completed pursuant to this subsection is false. If a business is
not a natural person, the prohibition applies only if: (1)t he
business itself is convicted of a felony and (2) the business is
ordered to pay punitive damages based on the conduct of any
officer, director, partner, or other managerial agent who has been
convicted of a felony (30 ILCS 500/50-10.5).
E. Bid Rigging/ Rotating: Contractor certifies that Contractor has
not been barred from contracting with
any unit of state or local government as a result of a violation of
720 ILCS 5/33E-3 (bid-rigging) or 720 ILCS 5/33E-4
(bid-rotating).
F. Felony Conviction: Contractor certifies that it is not barred
pursuant to 30 ILCS 500/50-10 from
conducting business with the State of Illinois or any agency as a
result of being convicted of a felony.
G. Debt Delinquency: Contractor certifies that Contractor is not
barred from being awarded a contract pursuant to 30 ILCS 500/50-11,
which prohibits a person from submitting a bid or entering into a
contract with a State agency if he/she or any affiliate knows or
should have known that he/she or any affiliate is delinquent in the
payment of any debt to the State, as determined by the Debt
Collection Board, unless they have entered into a deferred payment
plan. Further, Contractor acknowledges that the Owner may declare
any contract with Contractor void if Contractor becomes delinquent
in the payment of any debt as set forth in 30 ILCS 500/50-11 during
the term of the contract.
H. Remittance of Illinois Use Tax: Contractor certifies that
Contractor is not barred from being awarded a
contract pursuant to 30 ILCS 500/50-12, which prohibits a person
from entering into a contract with a State agency if it, or any
affiliate, has failed to collect and remit Illinois Use Tax on all
sales of tangible personal property into the State of Illinois in
accordance with the provisions of the Illinois Use Tax Act.
Contractor acknowledges that the Owner may declare any contract
with Contractor void if this certification is false.
IFB#1349PP Chicago State University New Baseball Park
18
I. Environmental Protection Act: Contractor certifies that
Contractor has not been found in willful or
knowing violation of the Environmental Protection Act. Unless
otherwise provided, no person or business found by a court or the
Pollution Control Board to have committed a willful or knowing
violation of Section 42 of the Environmental Protection Act shall
do business with the State of Illinois or any State agency from the
date of the order containing the finding of violation continues to
have any involvement with the business. A person or business
otherwise barred from doing business with the State of Illinois or
any State agency may be allowed to do business with the State of
Illinois or any State agency if it is shown that there is no
practicable alternative to the State to contracting with that
person or business. (30 ILCS 500/50-12)
J. Lead Poisoning: Contractor certifies that, pursuant to P.A.
94-879, if Contractor is the owner of
residential rental property in Illinois it has not committed a
willful or knowing violation of the Illinois Lead Poisoning
Prevention Act that has not been mitigated.
K. Drug-Free Workplace: Contractor certifies that Contractor is in
compliance with the Drug-Free
Workplace Act (30 ILCS 580/1, et. seq.). The Act requires, in part,
that contractors with 25 or more employees take steps to ensure a
drug free workplace by informing employees of the dangers of drug
abuse, of the availability of any treatment or assistance programs,
of prohibited activities and of sanctions that will be imposed for
violation; and that contractors not engage in the unlawful
manufacture, distribution, dispensation, possession, or use of a
controlled substance in the performance of any contract with
Owner.
L. International Boycott: Contractor/vendor certifies that neither
the contractor nor any substantially-
owned affiliated company is participating or shall participate in
an international boycott in violation of the provisions of the U.S.
Export Administration Act of 1979 (50 USCA App. §2401 et seq.) or
the regulations of the U.S. Department of Commerce promulgated
under that Act.
M. Forced Labor: Contractor/vendor certifies in accordance with the
State of Illinois State Prohibition of
Goods from Forced Labor Act (30ILCS 583/) that no foreign-made
equipment, materials, or supplies furnished to the State may be
produced in whole or in part by forced labor, convict labor, or
indentured labor under penal action.
N. Child Labor: Contractor certifies in accordance with Public Act
94-0264 that no foreign-made
equipment, materials, or supplies furnished to the State under the
Contract have been produced in whole or in part by the labor of any
child under the age of 12.
O. IITAA: As required by Illinois Public Act 095-0307, all
information technology, including electronic
information, software, systems, and equipment, developed or
provided under this contract must comply with the applicable
requirements of the Illinois Information Technology Accessibility
Act Standards as posted at http://www.dhs.state.il.us/iitaa.
P. Procurement of Domestic Products: Please check the statement
below that applies to the materials and
procured products you are offering in this Contract. For the
purposes of this question, “manufactured in the United States”
means in the case of assembled articles that final assembly
occurred in the United States.
___ We certify that all offered articles were/will be manufactured
in the United States. We understand that, if we are awarded a
contract based on a
preference for US manufactured goods under the Procurement of
Domestic Products Act (PA 93-0954), this certification will
become
19
part of the contract, and, if we knowingly supply non-US
manufactured goods, we will be subject to penalties that include
debarment for five (5) years, voiding of the contract, and civil
damages.
___ We are unable to certify that all offered articles were/will be
manufactured in the United States.
Q. Disclosure of Business with Iran:
Does the following information apply to your firm? You must affix
your signature below indicating whether the information does or
does not apply to your firm. Failure to respond will disqualify
your firm from being awarded a contract.
Within the 24 months before submission of the bid, offer, or
proposal the bidder, offeror, or proposing entity, or any of its
corporate parents or subsidiaries, has had business operations that
involved contracts with or provision of supplies or services to (a)
the Government of Iran; (b) companies in which the Government of
Iran has any direct or indirect equity share; (c) consortiums or
projects commissioned by the Government of Iran; or (d) companies
involved in consortiums or projects commissioned by the Government
of Iran;
AND
(1) more than 10% of the company's revenues produced in, or assets
located in, Iran involve oil- related activities or
mineral-extraction activities; less than 75% of the company's
revenues produced in, or assets located in, Iran involve contracts
with or provision of oil-related or mineral-extraction products or
services to the Government of Iran or a project or consortium
created exclusively by that government; and the company has failed
to take substantial action;
OR
(2) the company has, on or after August 5, 1996, made an investment
of $20 million or more, or any combination of investments of at
least $10 million each that in the aggregate equals or exceeds $20
million in any 12-month period, that directly or significantly
contributes to the enhancement of Iran's ability to develop
petroleum resources of Iran.
____________________________
Signature
_______________________________
20
Federal Taxpayer Identification Number & Legal Status Under
penalties of perjury, I certify that__________________is my correct
Federal Taxpayer Identification Number. I am doing business as a
(please check one): __Individual __Real Estate Agent __Sole
Proprietorship __Governmental Entity __Partnership __Tax Exempt
Organization __Corporation (IRC 501 (a) only) __Not-for-Profit
Corporation __Trust or Estate __Medical and Health Care Services
Provider Corporation
Your Company
Name____________________________________________________________
FIRM NAME CONTACT PERSON _______ STREET ADDRESS ________ CITY STATE
ZIP CODE _ DEPT. OF HUMAN RIGHTS ID. NO.
*If no identification number is indicated, show date on which Form
PC-1 was filed with Illinois Department of Human Rights
(IDHR).
Date Filed With IDHR: TELEPHONE NUMBERS: Toll Free 1-800- Business
No ( ) Fax No. ( ) E-mail
___________________________________________________________________
AUTHORIZED SIGNATURE (MUST BE HAND-WRITTEN) Under penalties of
perjury, the undersigned bidder does swear or affirm that:
IFB#1349PP Chicago State University New Baseball Park
21
V. NO BID REPLY FORM BIDDER: To assist the University in obtaining
good competition on our request for bids, we ask that each firm
that received an invitation but does not wish to bid state their
reasons below. This information will not preclude receipt of future
invitations unless you request removal from the ‘Bidder’s List’ by
indicating below. We hereby submit a “NO BID” because: We are not
interested in selling through the bid process. We do not wish to
bid under the terms and conditions of the Request for Bid
document.
Please detail objections to these documents below:
We do not feel that we can be competitive. We cannot submit a bid
because of the marketing or franchising policies of the
manufacturing
company. We do not wish to sell to a State Agency. Please detail
objections below:
We do not sell the items on which bids are requested. Other:
We wish to: Remain on the Bidder’s List Be deleted from the
Bidder’s List Firm Name: Signature:
IFB#1349PP Chicago State University New Baseball Park
22
VI. Disclosures of Financial Interests and Potential Conflicts of
Interests
1. The form entitled “Financial Interests and Potential Conflicts
of Interests Disclosures” can be found on the web at
http://www.procure.stateuniv.state.il.us/forms.htm.
2. This form must be completed in full. Please note that Bidders
will be rejected if this form is
not completed in full and returned with the Bidder’s Bid.
23
CCoonnttrraacctt
Parties
This Contract is entered into between The Board of Trustees of
Chicago State University, on behalf of Chicago State University
(hereinafter referred to as “University”), and with
_____________________________________________________________________________
(hereinafter referred to as “Contractor”) which has a principal
address at
______________________________________________________________________________________________________
_____________________________________________________________________.
Scope of Services to be Performed
Contractor agrees to provide the following services:
__________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________.
A list of attachments is incorporated by reference as follows:
__________________________________________________________________________________________________________________
__________________________________________________________________________________________________________________.
(If additional space is required, please attach a separate sheet to
this Contract.)
Duration of Contract
The term of this Contract shall begin
__________________________________ and end
__________________________________. If the date of full execution
of this Contract (signature by both parties) is later than the
beginning date stated above, the date of full execution shall be
considered the beginning of the term. Contractor shall not supply
any goods or services prior to full execution of this Contract.
Work performed prior to execution of Contract will result in
nonpayment by the University. The parties [PLEASE CHECK ONE BOX]
may may not renew this Contract upon mutual agreement for an
addition term as follows: ______________________________________.
In the event that parties choose to renew this Contract, a renewal
form must be executed prior to the end date indicated in the
preceding paragraph.
Rate of Compensation
Maximum Price: Maximum price for this Contract is the total
compensation for the services specified, plus reasonable
and allowable expenses, not to exceed a total of
$________________________.
Travel Expenses: Reasonable travel expenses not to exceed
$______________ will be reimbursed with prior University
approval and in accordance with University policy. (This amount
must be included in Maximum Price listed above.) Reimbursement
requires appropriate documentation as determined by the
University.
IFB#1349PP Chicago State University New Baseball Park
24
Method of Payment: The University agrees to pay Contractor no more
frequently than monthly for services rendered for the Contract
period in accordance with the amounts specified in Contract. The
rate of payment will be: [PLEASE CHECK ONE BOX BELOW AND COMPLETE
INFORMATION REQUESTED.]
A one-time lump sum payment of $____________________; OR
At the rate of $____________________ per _______________ (i.e.
hour, day, month), as invoiced _______________ (length of time,
i.e. monthly, quarterly); OR
An initial payment of $____________________, to be followed by
_________ additional payment(s) which total $____-
___________ as invoiced for this Contract.
Other arrangement as follows:
______________________________________________________________________________________________________
______________________________________________________________________________________________________
_________________________.
Any applicable discount will be taken if payment is processed
within the stated time. Payment of interest may be available if
University fails to comply with the State Prompt Payment Act (30
ILCS 540/0.01), and will be subject to its terms only. Due to
subsequently discovered evidence, University may withhold or
nullify the whole or any part of any invoice to such extent as
University may deem necessary to protect University from loss
relating to: (1) unsatisfactory work performed; (2) failure of
Contractor to make required payments to subcontractors; (3) damage
to University property or related liability; or (4) incomplete,
inaccurate, or unauthorized billing. Contractor is responsible for
completing the scope of work specified in this Contract. University
may withhold final payment until all services, reports and/or other
deliverables specified herein have been completed in a form
satisfactory to University. Method of Billing: To receive payment,
Contractor must submit an appropriately itemized invoice to
University for services performed and allowable expenses
incurred.
Termination
University may cancel this Contract for breach, as determined by
University, for items such as but not limited to: failure to meet
insurance requirements, failure to meet required performance or
progress standards as described herein, or unsatisfactory quality
or level of service to University. This cause for breach may
include any cessation or diminution of service which, in the
opinion of University, is not in its best interest. University
shall notify Contractor in writing of any Contract breach.
Contractor shall remedy the breach within ten (10) calendar days.
If the breach is not remedied in ten (10) calendar days, University
may cancel the Contract by giving thirty (30) days’ notice in
writing of its intention to cancel this Contract. Should University
breach any terms or provisions of the Contract, Contractor shall
serve written notice on University setting forth the alleged breach
and demanding compliance with the Contract. Unless within ten (10)
calendar days after receiving such notice the allegation shall be
contested or such breach shall cease and arrangements be made for
corrections, Contractor may cancel the Contract by giving thirty
(30) days notice in writing of its intention to cancel this
Contract. In the event of cancellation for breach, Contractor shall
be paid only for work satisfactorily performed up to the date of
cancellation. In the event of early termination or cancellation for
any cause, no payment for services performed will be made until and
unless any necessary reports and/or deliverables have been
provided. This Contract may be terminated without cause by either
party upon ________ days’ written notice. Upon termination,
Contractor shall be paid for work satisfactorily completed.
IFB#1349PP Chicago State University New Baseball Park
25
CERTIFICATIONS by contractor
Bribery: Contractor certifies that it is not barred from being
awarded a contract under 30 ILCS 500/50-5. Section 50-5 prohibits a
Contractor from entering into a contract with a State agency if
Contractor has been convicted of bribery or attempting to bribe an
officer or employee of the State of Illinois, or if Contractor has
made an admission of guilt of such conduct which is a matter of
record. Contractor further acknowledges that the chief procurement
officer may declare the related contract void if this certification
is false.
Felony: Contractor certifies that it is not barred from being
awarded a contract under 30 ILCS 500/50-10. Section 50-10 prohibits
a Contractor from entering into a contract with a State agency if
Contractor has been convicted of a felony and five (5) years have
not passed from the completion of the sentence for that felony.
Contractor further acknowledges that the chief procurement officer
may declare the related contract void if this certification is
false.
Prohibited Bidders and Contractors: Contractor certifies that it is
not barred from being awarded a contract under 30 ILCS 500/50-10.5
which prohibits a Contractor from entering into a contract with a
State agency if the Contractor, or any officer, director, partner,
or other managerial agent of Contractor has been convicted within
the last five (5) years of a felony under the Sarbanes-Oxley Act of
2002 or a Class 3 or Class 2 felony under the Illinois Securities
Law of 1953 or if Contractor is in violation of Subsection (e).
Contractor further acknowledges that the chief procurement officer
shall declare the related contract void if this certification is
false. Debt Delinquency: Contractor certifies that it and any
affiliate is not barred from being awarded a contract under 30 ILCS
500/50-11 which prohibits a Contractor from entering into a
contract with a State agency if Contractor knows or should know
that it, or any affiliate, is delinquent in the payment of any debt
to the State as defined by the Debt Collection Board. Contractor
further acknowledges that the chief procurement officer may declare
the related contract void if this certification is false.
Collection and Remittance of Illinois Use Tax: Contractor certifies
that it is not barred from being awarded a contract under 30 ILCS
500/50-12 which prohibits a Contractor from entering into a
contract with a State agency if Contractor, or any affiliate, has
failed to collect and remit Illinois Use Tax on all sales of
tangible personal property in the State of Illinois in accordance
with the provisions of the Illinois Use Tax Act. Contractor further
acknowledges that the chief procurement officer may declare the
related contract void if this certification is false. Environmental
Protection Act: Contractor certifies that it is not barred from
being awarded a contract under 30 ILCS 500/50-14 which prohibits a
Contractor from entering into a contract with a State agency if
Contractor has been found by a court or the Pollution Control Board
to have committed a willful or knowing violation of the
Environmental Protection Act within the last five (5) years.
Contractor further acknowledges that the contracting State agency
may declare the related contract void if this certification is
false. Lead Poisoning Prevention Act: Contractor certifies that it
is not barred from being awarded a contract or subcontract under 30
ILCS 500/50-14.5 which prohibits owners of residential buildings
who have committed a willful or knowing violation of the Lead
Poisoning Prevention Act (410 ILCS 45) from doing business with any
State agency until the violation is mitigated. Contractor
acknowledges that the contracting State agency may declare this
contract void if this certification is false. Revolving Door
Prohibition: Contractor certifies it is not in violation of 30 ILCS
500/50-30 which prohibits chief procurement officers, associate
procurement officers, State purchasing officers and their designees
whose principal duties were directly related to State procurement
from engaging in any procurement activity for a period of two (2)
years after terminating an affected position relating to an agency
most recently employing them in an affected position for a period
of at least six (6) months. Forced Labor: Contractor certifies in
accordance with the State of Illinois State Prohibition of Goods
from Forced Labor Act (30 ILCS 583/10) that no foreign-made
equipment, materials, or supplies furnished to the State may be
produced in whole or in part by forced labor, convict labor, or
indentured labor under penal action.
IFB#1349PP Chicago State University New Baseball Park
26
State Prohibition of Goods From Child Labor Act: Contractor
certifies that no foreign-made equipment, materials, or supplies
furnished to the State under this contract have been produced in
whole or in part by the labor of any child under the age of twelve
(30 ILCS 584/10). Educational Loan: Contractor certifies that it is
not in default on an educational loan as provided in the
Educational Loan Default Act (5 ILCS 385/3). Bid Rigging/Bid
Rotating: Contractor certifies that it is not barred from bidding
on contracts with a unit of State or local government as a result
of a conviction of bid-rigging under Section 33E-3 or of
bid-rotating under Section 33E-4 of the Criminal Code of 1961 (720
ILCS 5/33E-3, 5/33E-4). Discriminatory Club Act: Contractor
certifies that it is not prohibited from selling goods or services
to University because it pays dues or fees on behalf of its
employees or agents or subsidiaries or otherwise reimburses them
for payment of their dues or fees to any club that unlawfully
discriminates (775 ILCS 25/0.01, et seq.). International
Anti-Boycott: Contractor certifies that neither the Contractor nor
any substantially-owned affiliated company is participating or
shall participate in an international boycott in violation of the
provisions of the U.S. Export Administration Act of 1979 or the
regulations of the U.S. Department of Commerce promulgated under
that Act. This certification applies to contracts in excess of
$10,000 (30 ILCS 582). Non-Discrimination and Equal Employment
Opportunity: Contractor agrees to comply with applicable provisions
of the Illinois Human Rights Act (775 ILCS 5/1-101 et seq.), the
U.S. Civil Rights Act, the Americans with Disabilities Act (42
U.S.C. § 12101, et.seq.), Section 504 of the U.S. Rehabilitation
Act and the rules applicable to each. The Equal Opportunity Clause
of Section 750.10 of the Illinois Department of Human Rights Rules
is specifically incorporated herein. Contractor shall comply with
Executive Order 11246 entitled “Equal Employment Opportunity”, as
amended by Executive Order 11375, and as supplemented by U.S.
Department of Labor regulation (41 C.F.R. Chapter 60) to the extent
allowed by applicable law. Drug-Free Workplace: Contractor
certifies compliance with all provisions of the Drug Free Work
Place Act (30 ILCS 580/1, et seq.). If Contractor is an individual,
Contractor certifies that it will not engage in the unlawful
manufacture, distribution, dispensation, possession, or use of a
controlled substance in the performance of this Contract. Record
Retention and Right to Audit Records: Contractor agrees to maintain
books and records related to the performance of the Contract and
necessary to support amounts charged to the State under the
Contract for a minimum of three (3) years from the last action on
the Contract. Contractor further agrees to cooperate fully with any
audit and to make the books and records available to the Auditor
General, chief procurement officer, internal auditor, and the
purchasing agency (30 ILCS 500/20-65 (b)). Subcontractor
Disclosure: Contractor will state whether or not they will utilize
the services of a subcontractor to fulfill obligations under this
Contract. If a subcontractor will be used, this Contract must
include the names and addresses of all such subcontractors and the
anticipated amount they will receive pursuant to the Contract.
Contractor’s signature attests to the fact that subcontractors will
not be utilized unless such a list is attached (30 ILCS
500/20-120(a)). Appropriation Contingency Clause: If this Contract
is funded from State of Illinois appropriated funds, Contractor
understands pursuant to 30 ILCS 500/20-60(b) that this Contract is
subject to termination and cancellation in any year for which the
General Assembly fails to make an appropriation to make payments
under the terms of the Contract. In the event of termination for
lack of appropriation, Contractor shall be paid for services
performed under this Contract up to the effective date of
termination. State Board of Elections Registration: Contractor
certifies that either: (1) it is not required to register as a
business entity with the State Board of Elections pursuant to the
Procurement Code (30 ILCS 500/20-160). Further, the Contractor
acknowledges that all contracts between State agencies and a
business entity that do not comply with this Section shall be
voidable under the Procurement Code (30 ILCS 500/50-60); or (2)
Contractor certifies that it has registered as a business entity
with the State Board of Elections and acknowledges a continuing
duty to update the registration pursuant to the Procurement Code
(30 ILCS 500/20-160). Further, Contractor
IFB#1349PP Chicago State University New Baseball Park
27
acknowledges that all contracts between State agencies and a
business entity that do not comply with this Section shall be
voidable under the Procurement Code (30 ILCS 500/50-60). Excluded
Party List: Contractor certifies that neither Contractor nor any of
its employees or subcontractors who may provide services pursuant
to any contract with University is currently the subject of an
investigation or proceeding to exclude it as a provider under
Medicare or Medicaid or under any other federal or state health
care program or under any third party insurance program, nor is it
currently excluded or debarred from submitting claims to Medicare
or Medicaid or to any other federal or state health care program or
to any third party insurer. Contractor represents and warrants it
has checked the U. S. General Service Administration’s (GSA)
Excluded Party Listing System (EPLS) which lists parties excluded
from Federal procurement and non- procurement programs. The EPLS
website includes GSA/EPLS, the U. S. Department of Health and Human
Services (HHS) Office of Inspector General’s (OIG) List of Excluded
Individuals/Entities (LEIE), and the U.S. Department of Treasury’s
(Treasury) Specially Designated Nationals (SDN) list. Contractor
also represents and warrants it has checked the Illinois Department
of Public Aid (IDPA) OIG Provider Sanctions list of individuals and
entities excluded from state procurement with respect to
Contractor’s employees and agents. See the following websites:
http://epls.arnet.gov and
http://www.state.il.us/agency/oig/search.asp. Contractor certifies
that neither Contractor, nor any of its employees or subcontractors
who may provide services pursuant to any Contract with University,
is not currently on any State or Federal Excluded Party List.
University will terminate this Contract without penalty to
University if Contractor becomes excluded during the life of this
Contract. Federal Funded Projects: If this Contract is federally
funded, Contractor certifies that: (1) It is not presently
debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any federal
department or agency; (2) It has not, within a three (3) year
period preceding this Contract, been convicted of, had a civil
judgment rendered against it for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or
performing a public (Federal, State or Local) transaction or
Contract under a public transaction, violation of Federal or State
Antitrust Statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statement of receiving stolen property; (3) It is not presently
indicted or criminally or civilly charged by a government entity
(Federal, State, or Local) with commission of any of the offenses
enumerated above; (4) It has not within a three (3) year period
preceding this Contract had one or more public transactions
(Federal, State, or Local) terminated for cause or default; (5) No
Federal appropriated funds have been paid or will be paid by the
Contractor to any person for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, an
officer or employee of Congress, or an employee of a member of
Congress in connection with this Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant,
loan or cooperative agreement; (6) If any non-Federal funds have
been paid or will be paid by the Contractor to any person for
influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with
this Federal Contract, grant, loan or cooperative agreement, the
Contractor shall complete and submit Federal Standard Form
“Disclosure Form to Report Lobbying”, in accordance with its
instructions; and (7) It shall require that the language of this
certification be included in the award documents for all sub-
awards at all tiers and that all sub-recipients shall certify
accordingly. Prevailing Wage Act: When applicable, Contractor and
subcontractors shall pay all laborers, workers, and mechanics
performing work under the Contract, no less than the prevailing
rate of wages as determined by the Illinois Department of Labor
(820 ILCS 130). Successor Vendor Clause: Contractor certifies that:
(1) it will offer to assume the collective bargaining obligation of
the prior employer, including any existing collective bargaining
unit or units performing substantially similar work to the services
covered by the Contract subject to its offer; and (2) it shall
offer employment to all employees currently employed in any
existing bargaining unit performing substantially similar work that
will be performed under this Contract. This certification does not
apply to heating and air conditioning, plumbing, or electrical
services. This certification applies only to service contracts (30
ILCS 500/25-80).
28
Vendor Legal Authorization: Contractor certifies it is a properly
formed and existing legal entity and, as applicable, has obtained
an assumed name certificate from the appropriate authority or has
registered to conduct business in Illinois and is in good standing
with the Illinois Secretary of State (30 ILCS 500/1.15.80, 20-43).
Domestic Products Act: Contractor certifies that all articles to be
provided under this Contract have been or will be manufactured in
the United States. Contactor understands that if it knowingly
supplies non-US manufactured goods, it will be subject to penalties
under the Procurement of Domestic Products Act (30 ILCS 517) that
include debarment for five (5) years, voiding of the Contract, and
civil damages. Illinois Information Technology Accessibility Act:
Contractor certifies that all information technology, including
electronic information, software, systems, and equipment, developed
or provided under this Contract must comply with the applicable
requirements of the Illinois Information Technology Accessibility
Act Standards (30 ILCS 587).
Disclosure of Business with Iran: Contractor certifies that it has
complied with the disclosure requirement of 30 ILCS 500/50-36
requiring companies seeking to do business with University to make
certain disclosures related to the conduct of business with the
Government of Iran. Construction Contracts/Responsible Bidder:
Contractor certifies that it is in compliance with the Construction
Contracts/Responsible Bidder Requirements. Contractor and
subcontractors must participate in applicable apprenticeship and
training programs approved by and registered with the U.S.
Department of Labor’s Bureau of Apprenticeship and Training (30
ILCS 500/30-22). Steel Products Procurement Act: Any contract for
construction, reconstruction, alteration, repair, improvement or
maintenance shall contain a provision that steel products used or
supplied in the performance of Contract or any subcontract shall be
manufactured or produced in the United States (30 ILCS 565).
Conflict of Interest: Contractor covenants that it has no public or
private interest and shall not acquire, directly or indirectly, any
such interest that would conflict in any manner with the
performance of its services under this Contract. Contractor agrees
to comply with the provisions of the Illinois Procurement Code
prohibiting conflicts of interest (30 ILCS 500/Article 50). All the
terms, conditions and provisions of Article 50 apply to this
Contract and are made a part of this Contract the same as though
they were incorporated and included therein. Contractor further
represents that the disclosures required by Section 50-35 of the
Illinois Procurement Code (30 ILCS 500/50-35), if applicable, have
been made and are true and correct.
General Provisions
Governing Law: This Contract shall be governed in all respects by
the laws of the State of Illinois. Health Insurance Portability And
Accountability Act (HIPAA): Contractor will comply with the
provisions of the Health Insurance Portability and Accountability
Act of 1996 (HIPAA), and the regulations promulgated thereunder, to
the extent applicable in each transaction. Family Educational
Rights And Privacy Act (FERPA): Many student educational records
are protected by FERPA and the written authorization of student(s)
must be obtained before student data can be released to anyone.
Contractor shall be required to ensure all work under the Contract
complies with FERPA and to indemnify and hold harmless University
from any claims, complaints and/or causes of action arising from an
alleged violation of FERPA. Indemnification: Contractor shall
indemnify and hold University and its officials, representatives
and employees harmless from and against any and all loss, claims,
damages, or judgments for damages and expenses incidental to the
defense thereof (including reasonable attorney’s fees) brought or
entered against or incurred by, any or all of them to the extent
such is a direct result of the negligent or wrongful act or
omission of Contractor or its agents, employees or subcontractors
in connection with the performance or act of Contractor under the
Contract. This indemnification shall survive the termination of the
Contract. To the extent permitted by Illinois law and not
inconsistent with the doctrine of sovereign immunity, University
shall indemnify and hold Contractor harmless from any claims,
demands, costs and expenses including reasonable attorney’s fees,
arising out of negligent actions by University, its officers,
IFB#1349PP Chicago State University New Baseball Park
29
employees and agents in the performance of obligations under this
Contract, provided that said claims, demands, costs and expenses
have not been caused by or alleged to have been caused in whole or
in part by the negligent or willful misconduct of Contractor. The
parties agree that all claims against University are subject to the
Illinois Court of Claims Act (705 ILCS 505 et seq.). Full
Performance: Contractor and University for themselves, their
successors, executors, administrators, and assigns, hereby agree to
the full performance of the above covenants herein contained.
Correct/Updated Information: Contractor certifies that the
information contained herein is correct. Contractor understands
that misrepresentation may be cause for removal from the qualified
Vendor/Contractor list and any other penalties allowed by law. If
any of the Contractor information on this Contract changes,
Contractor must complete a new Contract and submit to University.
Confidentiality: Contractor recognizes and acknowledges that this
Contract creates a confidential relationship between Contractor and
University and that any information furnished by University shall
be treated as confidential. Contractor shall not disclose
information unless specifically authorized and required to do so by
law. Contractor is hereby advised that any part of this Contract or
any materials provided by Contractor and marked as confidential,
proprietary, or trade secret, can be protected only to the extent
permitted by Illinois statutes. Multi-Year Contracts: Unless this
Contract indicates otherwise, if the term of Contract extends
beyond the end of the current fiscal year, the Contract is subject
to termination and cancellation without penalty, accelerated
payment, or other recoupment mechanisms, in any fiscal year for
which the General Assembly fails to make adequate appropriation to
cover the University’s procurement obligations (30 ILCS 500/20-60).
Force Majeure: Neither party shall be liable to the other party for
damages or losses on account of failure of performance by the
defaulting party if the failure is the result of an Act of God
(e.g., fire, flood, inclement weather, epidemic, or earthquake);
war or act of terrorism, including chemical or biological warfare;
labor dispute, lockout, strike, embargo; government acts, orders,
or restrictions; failure of suppliers or third persons; or any
other reason where failure to perform is beyond the reasonable
control, and is not caused by the negligence, intentional conduct
or misconduct of the defaulting party, and the defaulting party has
exercised all reasonable efforts to avoid or remedy such force
majeure. The defaulting party must provide notice of the force
majeure event to the remaining parties as soon as practicable after
such an event. University shall not be liable for any payments to
Contractor nor shall Contractor be required to perform or pay any
damages for failing to perform under this Contract. Entire
Contract: This Contract, attachments and incorporated references
shall constitute the entire Contract between the parties with
respect to the subject matter herein and supersedes all prior
communications and writings with respect to the content of said
Contract. In case of any conflict between this Contract and any
attachments or incorporated references, the terms of this Contract
shall prevail. No modifications, renewal, extension, or waiver of
this Contract or of any of the provisions of this Contract shall be
binding upon either Contractor or University unless reduced to
writing and duly executed as provided for in the Contract.
TaxPayer Identification
Under penalties of perjury, the Contractor certifies that its
Federal Taxpayer’s Identification Number or Social Security Number
is __________________________________ and is doing business as:
[PLEASE CHECK APPROPRIATE BOX BELOW]
Individual Governmental
Tax Exempt. Pharmacy (Non-Corp.)
Corporation providing or billing medical and/or health care
services Pharmacy/Funeral Home/Cemetery (Corp.)
Corporation NOT providing or billing medical and/or health care
services Limited Liability Corp. (select applicable tax
classification
below)
30
SIGNATORIES
This Contract shall not be binding until signed by all parties. The
persons signing this Contract represent and warrant that they have
authority to bind their respective parties. This Contract is
invalid unless signed by the President or designee for the Board of
Trustees of Chicago State University. For the Board of Trustees of
Chicago State University Contractor By:
_________________________________________
_____________________________________________ Vice President of
Administration and Finance Signed OR Provost and Senior Vice
President for Academic Affairs
__________________________________________ Name
_____________________________________ _______________________ Date
Title _________________________________________
_________________________________________________ Date Patrick B.
Cage, General Counsel
_________________________________________________ Date The
following signature is required on Contracts of $25,000 or more:
_________________________________________________ Wayne D. Watson,
Ph.D. President _________________________________________________
Date
IFB#1349PP Chicago State University New Baseball Park
31
VIII. State Board of Elections Certification Required by Public Act
95-971
NEW STATE OF ILLINOIS REQUIREMENT PLEASE READ CAREFULLY BEFORE
RESPONDING
State Board of Elections Certification Required by Public Act
95-971 INSTRUCTIONS: Any firm or individual who wishes to submit a
bid or proposal in response to this solicitation must make the
certification below. If you do not make the certification below
(and attach a copy of the certificate of registration from the
State Board of Elections, if required), your bid or proposal
cannot, by law, be accepted by the University.
Note: If you do $50,000 worth of business annually with the State
of Illinois, including the state universities, you are required to
register with the State Board of Elections and obtain from them a
certificate confirming your registration. Responses to Invitations
to Bid, Requests for Proposals, Requests for Information, and all
other types of procurement solicitations are included in the
calculation of this $50,000 annual amount, whether you receive a
resulting award or not. If you do less than $50,000 worth of
business annually, you may be exempt from the registration
requirement. Please refer to Public Act 95-971, which is available
at
http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=095-0971&GA=095,
and the State Board of Elections website (www.elections.il.gov) for
more specific information on whether you are required to register
or not. Information on how to submit copies of the registration
certificate to the Chief Procurement Officer for Higher Education
is available at the Illinois Public Higher Education Procurement
Bulletin website (http://www.procure.stateuniv.state.il.us ).
CERTIFICATION:
You must check the box that applies to you: The bidder/proposer
certifies that: 1. it is not required to register as a business
entity with the State Board of Elections pursuant to
Section 20-160 of the Procurement Code; or
2. (a) it has registered as a business entity with the State Board
of Elections pursuant to Section 20-160 of the Procurement
Code;
(b) it has provided a copy of its Certificate of Registration with
its response to this solicitation; (c) it has submitted a copy of
its Certificate of Registration to the Chief Procurement Officer
for Higher Education; and (d) it acknowledges a continuing duty to
update its registration.
The bidder/proposer also acknowledges that any contracts entered
into with bidder/proposer are voidable by the University if
bidder/proposer fails to comply with the requirements of Section
20-160 of the Procurement Code.
Reminder
_____Unless you are currently exempt from registering under Box #1
above, you are required to provide a copy of your
certificate of registration with your bid or proposal. Before
submitting your bid or proposal, check here to confirm that a
copy
of your certificate of registration is attached.